Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-04-21

Bile receipts into the Treasury, to the credit
Of the State Fund, for the present and next
fiscal yessrs:
For 1886. S490, 408 So
For 1881. As, 434 So
In making these estimates, the sum Of
$50, 900. 90, for each year, Of taxes collected
by the State from railroad companies for
counties, districts and municipalities, is
included. As these local taxes collected
by the State form no part Of the Of the
State Fund 10 meet general charges upon
the Treasury, they must be deducted from
the estimates; they win stand:
For 1886. 6............................$41O, i34 SO
For 1881. 373, 406 SO
most earnestly recommend that the
appropriations be kept within the limits
of the estimates.
III. To protect the public Treasury
against unnecessary expenditures by
I. Regulating the cOsis, charges and
proceedings, in criminal cases before JUS
tiees Of the Peace and Circuit Courts.
2. Providing for, and limiting the al
lowanceS for the maintenance Of lunaties
in Jail.
i line aQUlIOT 6SlluldOco buC duuuhA Chlnli-
nal charges at 500, 900. Such burthen
upon the State is out of all proportion to
the necessities OF due and just admins
tration of the criminal laws. lis more
than one-fourth of the States revenue to
meet general charges upon the Treasury;
and more than has ever been appropriated
for the current expenses of the Hospital for
the Insane to maintain annually from six
to seven hundred patients. And these
criminal charges are for felony proceedings
alone. Fully One-third is consumed in ex-
aminstiOns Of persons charged with felo-
nies before Justices.
The United States laws limit the num-
Der of witnesses on examinations BY COM
missiOners; and grand juries, both Federal
and State, hear no evidence but that for
the prosecution.
The following from the last Executive
Message
"a very large portion of these charges
arises from examinations of felony cases
before Justices, under chapter 156 Code.
Although the examination is only for
the purpose of ascertaining whether
there be sufficient cause to charge the ac-
cused with the alleged offence, cloud of
witnesses is often summoned, and all the
expense of regular trial incurred. The
State has had to pay the costs of as high as
a hundred witnesses, in single such ex-
animation.
Experience teaches that there are but
few cases wherein complaints of felony are
made, that a Justice can properly discharge
prisoner; but is compelled either to
commit to Jail, or take recognizance for
appearance in the Circuit Court. 1t seems
to me that, in these merely preliminary
examinations, there can be, with entire
jutice TO the accused, and certainly, with
great saving of the States revenue, q
specified examination fee for the Justice,
and limit placed upon the number of
witnesses both for the State and for the
accused.
81 am convinced also, that remedy can
be devised 10 materially diminish the
costs and expenses in the conduct and trial
of criminal cases, in the Circuit Courts.
"lt Is not an uncommon thing
for from fifty to one hundred
witnesses to be summoned for the State in
n felony case, be kept in attendance ON the
Courts for days, and, finally, the case be
continued to q subsequent term. and the
same expense again entailed. An examin-
alton in the Auditors Office shows that the
cases are numerous where the charges
against the State for witness fees alone run
from 81 900 10 $1,000 in a single case.
Such large numbers Of witnesses indicate,
almost without exception, one Of two
things: either that the evidence is but
l Lat, NhaA e
witnesses when examined are found to
know nothing of Importance bearing upon
the merits Of the case"
Through legislation on the line of sug-
gestiOns here made, the criminal charges
can be reduced TO q sum not exceeding
$75, 900 per annum.
The law should be amended so as to pro-
hibit excessive allowances for the main
tenance of lunatics in Jail.
"UpOn the decision of a Justice after
ascertaining, on examination, that a per-
son is "a lunatic, such person, unless bond
be given under sec. 12, ch. %, Code, must
be kept in the county jail at the expense
OF the State, until there be a vacancy in,
and such person be removed to, the Hos
pital."
"Under sec. 35, ch. So, Code, there was
no limit to the allowance that might be
filed by the Circuit Court fOr,the mainten-
anee of such lunatics, and the charges and
allowances ranged from 60 cents to $1.OO a
day for each lunatic. The Legislature, by
ch. 80, Acts 1882, limited the allowance 70
60 cents day for each lunatic. This Act
of 1882 was repealed in 1883, ch. 80, Acts
Of that year, and since that time the
charges have been from go cents to $500 q
day for each lunatic. 1t is evident that
the great majority of lunatics receive no
greater attention in their Jail confinement
than other persons there confined; and ex-
cept in rare cases, there should be no
greater charge for maintaining them. The
Auditor estimates that under the present
practice, it will require $40, 10000 year
for this class Of allowances"
''The jailor should be allowed reason
able compensation for this service; but
judging from past experience the only safe
way of protecting the State, in all cases,
from exorbitant charges, is to limit the
daily allowance. /, therefore, recommend
that il be done"
". To carry into effect section nine, of
Article XI, Of the Constitution, which pro-
vides that,
Railroads heretofore constructed, OF
that may hereafter be constructed in this
State, are hereby declared public highways
and shall be free to all persons for the trans
pOrtation of their persons and property
thereon, under such regulations as shall be
prescribed by law; and the Legislature
shall from time to time, pass
Jaws applicable to all railraod
Corporations in the State, estab-
:, ishing reasonable maximum rates of
!. parges for the transportation of passen-
aTrs and freights, and providing for the
! Erection of abuses, the prevention of un-
!, tIlt determinations between through and
m al or way freights and passenger tariffs,
= al for the protection of the Just rights of
80 public, and shall enforce such laws by
~ uate penalties"
r-,sd Pd to provide for securing such relief
an5 y people OF this State as may be had
, tha the Act, recently passed by Congress,
~os ed IAN Act to Regulate Commerce -
plain constitutional provision is
,oods ice Of the people. They ordained it
Of the organic law. For nearly
visve years its supreme command has